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legislation should, in my opinion, proceed; but of this I hope to be
able to treat more fully at another time. However, as an after event
proved, no appeal was really necessary; for the sixth and last
summons was successful, under the same section, before another
magistrate, the case being that of a solicitor, who, as the owner, had
failed to comply with the notice to disinfect a portion of a house, and
in whose default the work was done by the Vestry at an expense of
£1. This sum was paid, together with is. penalty, and 4s. costs,
upon the order of the magistrate. The defendant urged that only
the occupier should be called upon to disinfect, but the magistrate
pointed out that the matter is left in the hands of the nuisance
authority, and that he could not, therefore, interfere with them in the
exercise of their discretion upon this point.
As I wish, in concluding this part of my subject, to explain the
nature and mode of our usual proceedings under this 22nd Section
of "The Sanitary Act, 1866," I place here for reference the greater
part of this Section as follows:—"If the nuisance authority shall
"be of opinion, upon the certificate of any legally qualified medical
"practitioner, that the cleansing and disinfecting of any house, or
"part thereof, and of any articles therein likely to retain infection,
"would tend to prevent or check infectious or contagious diseases,
"it shall be the duty of the nusianee authority to give notice in
"writing, requiring the owner or occupier of such house, or part
"thereof, to cleanse and disinfect the same as the case may
"require; and if the person to whom notice is so given fail to
"comply therewith within the titne specified in the notice, he shall be
"liable to a penalty of not less than one shilling, and not exceeding
"ten shillings for every day during which he continues to make
"default; and the nuisance authority shall cause such house, or part
"thereof, to be cleansed and disinfected, and may recover the expenses
"incurred from the owner or occupier in default in a summary
"manner; * * * * *"
It has been my practice, and that of my predecessors, for some
years past, acting under the direction of your Sanitary Committee
in carrying out this Section, to initiate proceedings in disinfection by
signing the certificate which is necessary, from a legally qualified
medical practitioner, before the Nuisance Authority can act and upon